Be It Enactedby the Senate and General Assembly of the State of New
Jersey:

1. (New section) As used in
this act:

“Approved agency” or “agency”
shall have the same meaning as provided in section 2 of P.L.1977, c.367
(C.9:3-38);

“Department” means the
Department of Children and Families;

“Staff member” means a person
18 years of age or older who is an administrator of an agency, or who works in
an agency on a regularly scheduled basis during the agency's operating hours.
Staff member includes full-time, part-time, voluntary, contract, consulting,
and substitute staff, whether compensated or not.

2. (New Section) a. As a
condition of securing or maintaining approval by the Department of Children and
Families as an adoption agency, the administrator of an agency shall ensure
that a criminal history record background check is conducted on each staff
member of the agency.

b. If the administrator of an
agency refuses to consent to, or cooperate in, the securing of a criminal
history record background check, the department shall suspend, deny, revoke or
refuse to renew the agency’s approval as an adoption agency, as appropriate.

c. If a staff member of an
agency, other than the administrator, refuses to consent to, or cooperate in,
the securing of a criminal history record background check, the individual
shall be immediately terminated from employment at the agency.

d. The cost of a criminal
history record background check conducted pursuant to this act shall be paid by
the agency.

3. (New Section) a. In the
case of an adoption agency established after the effective date of this act,
the administrator of the agency, prior to the agency's opening, shall ensure
that a request for a criminal history record background check on each staff
member is sent to the department for processing by the Division of State Police
in the Department of Law and Public Safety and the Federal Bureau of
Investigation.

A staff member shall not be
left alone as the only adult accompanying a child until the staff member's
criminal history record background check has been reviewed by the department
pursuant to this act.

b. In the case of an adoption
agency approved prior to the effective date of this act, the administrator of
the agency shall ensure that a request for a criminal history record background
check on each staff member is submitted to the department within 60 days of the
effective date of this act for processing by the Division of State Police and
the Federal Bureau of Investigation.

c. Within two weeks after a
new staff member begins employment at an approved agency, the administrator of
the agency shall ensure that a request for a criminal history record background
check on the new staff member is submitted to the department for processing by
the Division of State Police and the Federal Bureau of Investigation.

A new staff member shall not
be left alone as the only adult accompanying a child until the staff member's
criminal history record background check has been reviewed by the department
pursuant to this act.

4. (New Section) Except as
provided in subsection d. of this section, a current staff member, or an
applicant for employment, shall be disqualified from employment at an approved
agency if the criminal history record background check of the staff member or
applicant reveals a record of conviction for any of the following crimes and
offenses:

a. In New Jersey, any crime or
disorderly persons offense as follows:

(1) a crime against a child,
including endangering the welfare of a child and child pornography pursuant to
N.J.S.2C:24-4;

(2) abuse, abandonment or
neglect of a child pursuant to R.S.9:6-3;

(3) endangering the welfare of
an incompetent person pursuant to N.J.S.2C:24-7;

(5) murder pursuant to
N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

(6) stalking pursuant to
section 1 of P.L.1992, c.209 (C.2C:12-10);

(7) kidnapping and related
offenses including criminal restraint, false imprisonment, interference with
custody, criminal coercion, or enticing a child into a motor vehicle, structure
or isolated area pursuant to N.J.S.2C:13-1 through N.J.S.2C:13-5 and section 1
of P.L.1993, c.291 (C.2C:13-6);

(8) arson pursuant to
N.J.S.2C:17-1, or causing or risking widespread injury or damage, which would
constitute a crime of the second degree pursuant to N.J.S.2C:17-2;

(9) aggravated assault, which
would constitute a crime of the second or third degree pursuant to subsection
b. of N.J.S.2C:12-1;

(10) robbery, which would
constitute a crime of the first degree pursuant to N.J.S.2C:15-1;

(11) burglary, which would constitute
a crime of the second degree pursuant to N.J.S.2C:18-2;

(14) an attempt or conspiracy
to commit any of the crimes or offenses listed in paragraphs (1) through (13)
of this subsection.

b. In any other state or
jurisdiction, of conduct which, if committed in New Jersey, would constitute
any of the crimes or disorderly persons offenses described in subsection a. of
this section.

c. Notwithstanding the
provisions of this section to the contrary, a staff member shall not be
disqualified from employment at an approved agency under this act on the basis
of any conviction disclosed by a criminal history record background check
performed pursuant to this act without an opportunity to challenge the accuracy
of the disqualifying criminal history record pursuant to the provisions of section
7 of P.L.2003, c.186 (C.53:1-20.9d).

d. If a staff member is
convicted of a crime specified in subsection a. of this section, the staff
member shall be terminated from employment at the agency, except that the
department may approve the staff member's employment at the agency if all of
the following conditions are met:

(1) the department determines
that the crime does not relate adversely to the position the staff member is
employed in pursuant to the provisions of P.L.1968, c.282 (C.2A:168A-1 et
seq.);

(2) the conviction is not
related to a crime committed against a child, as specified in subsection a. of
this section;

(3) the agency documents that
the staff member's employment at the agency does not create a risk to the
safety or well-being of children due to the nature and requirements of the
position; as necessary, the agency shall identify restrictions regarding the
staff member's contact with, care, or supervision of children;

(4) the agency documents that
the staff member is uniquely qualified for the position due to specific skills,
qualifications, characteristics or prior employment experiences; and

(5) the department determines
that the staff member has affirmatively demonstrated rehabilitation, pursuant
to the factors specified in subsection b. of section 5 of this act.

5. (New Section) a. For
crimes and offenses other than those cited in subsections a. and b. of section 4
of this act, a staff member may be eligible for employment at an approved
agency if the staff member has affirmatively demonstrated to the department
clear and convincing evidence of rehabilitation pursuant to subsection b. of
this section.

b. In determining whether a
staff member has affirmatively demonstrated rehabilitation, the following
factors shall be considered:

(1) the nature and
responsibility of the position at the agency that the convicted staff member
would hold, has held or currently holds, as the case may be;

(2) the nature and seriousness
of the offense;

(3) the circumstances under
which the offense occurred;

(4) the date of the offense;

(5) the age of the staff
member when the offense was committed;

(6) whether the offense was an
isolated or repeated incident;

(7) any social conditions that
may have contributed to the offense; and

(8) any evidence of
rehabilitation, including good conduct in prison or in the community,
counseling or psychiatric treatment received, acquisition of additional
academic or vocational schooling, successful participation in correctional
work-release programs, or the recommendation of those who have had the staff
member under their supervision.

c. The department shall make
the final determination regarding the employment of the administrator of an
agency with a criminal conviction specified under this section.

d. The administrator of the
agency shall make the final determination regarding the employment of a staff
member or applicant with a criminal conviction specified under this section.

e. If an administrator has
knowledge that a staff member has criminal charges pending against the staff
member, the administrator shall promptly notify the department to determine
whether any action concerning the staff member is necessary.

6. (New Section) a. An approved
agency that has received an employment application from an individual, or
currently employs a staff member, shall be immune from liability for acting upon
or disclosing information about the disqualification or termination of that
applicant or staff member to another agency seeking to employ that staff member
if the agency has:

(1) received notice from the
department, that the applicant or staff member has been determined by the
department to be disqualified from employment pursuant to this act; or

(2) terminated the employment
of a staff member because the staff member was disqualified from employment on
the basis of a conviction of a crime or disorderly persons offense pursuant to
section 4 of this act after commencing employment at the agency.

b. An approved agency that
acts upon or discloses information pursuant to subsection a. of this section
shall be presumed to be acting in good faith unless it is shown by clear and
convincing evidence that the agency acted with actual malice toward the staff
member who is the subject of the information.

7. (New Section) a. In
addition to the requirement for a criminal history record background check
pursuant to section 2 of this act, the administrator of an agency shall request
that the department conduct a child abuse record information check of its child
abuse records to determine if an incident of child abuse or neglect has been
substantiated, pursuant to section 4 of P.L.1971, c.437 (C.9:6-8.11), against
any staff member of the agency.

b. The department shall deny,
revoke or refuse to renew the agency's approval, as appropriate, if the
department determines that an incident of child abuse or neglect by an
administrator of an agency has been substantiated.

c. Each staff member of an
agency or applicant for employment at the agency shall provide prior written
consent for the department to conduct a child abuse record information check.

d. If the administrator of
the agency refuses to consent to, or cooperate in, the securing of child abuse
record information check, the department shall suspend, deny, revoke or refuse
to renew the agency’s approval as an adoption agency, as appropriate.

e. If a staff member of an
agency refuses to consent to, or cooperate in, the securing of child abuse
record information check, the individual shall be immediately terminated from
employment at the agency.

f. The department shall
complete the child abuse record information check within 45 days after
receiving the request for the check.

8. (New Section) a. In the
case of an adoption agency established after the effective date of this act,
the administrator of the agency, prior to the agency's opening, shall ensure
that a request for a child abuse record information check on each staff member
is sent to the department.

The department shall not issue
an approval to an adoption agency until the agency has requested that the
department conduct a child abuse record information check on each staff member
employed at the agency.

b. In the case of an adoption
agency approved prior to the effective date of this act, the administrator of
the agency shall submit a request to the department within 60 days of the
effective date of this act for a child abuse record information check on each
staff member.

c. Within two weeks after a
new staff member begins employment at an agency, the administrator of the
agency shall ensure that a request for a child abuse record information check
on the new staff member is sent to the department.

A new staff member shall not
be left alone as the only adult accompanying a child until the results of the
staff member's child abuse record information check have been received by the
administrator of the agency.

d. If the department
determines that an incident of child abuse or neglect by a staff member has
been substantiated, the department shall advise the administrator of the agency
of the results, and the agency shall immediately terminate the staff member
from employment at the agency.

e. The department shall
consider, for the purposes of this act, any incidents of child abuse or neglect
that were substantiated on or after June 29, 1995, to ensure that perpetrators
have had an opportunity to appeal a substantiated finding of abuse or neglect;
except that the department may consider substantiated incidents prior to that
date, if the department, in its judgment, determines that the staff member
poses a risk of harm to children in a agency. In cases involving incidents
substantiated prior to June 29, 1995, in which the department determined that
the individual posed such a risk, the department shall offer the staff member
an opportunity for a hearing to contest the substantiation.

9. (New
Section) In the case of an adoption agency located outside the State, the
administrator of the agency shall ensure that all applicants or staff members
meet all applicable laws and regulations in that state governing criminal
history record background and child abuse record information checks that may be
required as a condition of employment. In the event that criminal history
record background and child abuse record information checks are not required,
the administrator of the agency shall require that the applicant or staff
member make a voluntary disclosure of any criminal conviction or substantiation
for child abuse or neglect. The results of the disclosure shall be made
available to the department, so the department can determine the suitability of
the staff member or applicant for employment.

7. a. The Commissioner of
Children and Families is authorized to exchange fingerprint data with, and to
receive criminal history record information from, the Division of State Police
in the Department of Law and Public Safety and the Federal Bureau of
Investigation.

Upon receipt of the criminal
history record information for an applicant or staff member of a residential
child care facility or approved adoption agency from the Federal Bureau
of Investigation and the Division of State Police, the Department of Children
and Families shall notify the applicant or staff member, as applicable, and the
residential child care facility or approved adoption agency, as applicable,
in writing, of the applicant's or staff member's qualification or
disqualification for employment or service under section 4 or 5 of P.L.2003,
c.186 (C.30:4C-27.19 or C.30:4C-27.20) or section 4 or 5 of P.L. , c. (C.
) (pending before the Legislature as this bill). If the applicant or staff
member is disqualified, the convictions that constitute the basis for the
disqualification shall be identified in the written notice to the applicant or
staff member. The applicant or staff member shall have 14 days from the date
of the written notice of disqualification to challenge the accuracy of the
criminal history record information. If no challenge is filed or if the
determination of the accuracy of the criminal history record information
upholds the disqualification, the department shall notify the facility or
agency, as applicable, that the applicant or staff member has been
disqualified from employment.

b. The Division of State
Police shall promptly notify the Department of Children and Families in the
event an applicant or staff member, who was the subject of a criminal history
record background check conducted pursuant to subsection a. of this section, is
convicted of a crime or offense in this State after the date the background
check was performed. Upon receipt of such notification, the department shall
make a determination regarding the employment of the applicant or staff member.

(cf: P.L.2006, c.47, s.202)

11. The Commissioner of
Children and Families shall adopt regulations pursuant to the “Administrative
Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes
of this act.